McInerney v. McInerney

Summary

The Court held that Georgia's constitutional venue provision for divorce cases does not prohibit statutory transfer of a properly filed divorce action to another proper Georgia venue under the forum non conveniens statute. It also held that the General Assembly may authorize dismissal of a divorce action in favor of an out-of-state forum because that dismissal authority derives from its plenary legislative power rather than the constitutional venue provisions. The Court vacated the dismissal because the trial court misapplied two statutory factors and remanded for reconsideration.